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LAWS OF MARYLAND.— 1765.

within twelve months from the date of the articles respectively
paid or delivered ; and provided also, that in case any suit shall
be brought to recover any money paid or delivered as aforesaid,
or the price of any goods, wares, effects or chattels, as aforesaid,
sold or delivered, the plaintiff shall, at or before the first impar-
lance court, make oath or affirmation as aforesaid, before some
judge or justice of this state, that he believes the money, goods,
wares, merchandises, effects or chattels, charged in the account
to which such oath or affirmation as aforesaid shall be annexed,
were bona fide delivered as charged, and that he hath not, nor
any person for him to his knowledge or belief, received any
payment or satisfaction for the articles charged, more than
credit is duly given for in and appearing upon the account to
which such oath or affirmation as aforesaid is annexed, nor
hath he received any security for the same, and that the ba-
lance charged and claimed is justly due, according to the best
of his knowledge and belief.

The act of 1798, No. 101, ch. 9, sec. 8, prescribes the proof of claims
against the estates of deceased persons on open account, and declares that
the account shall moreover appear to have been proved as is required by
this act.

Proviso.

SEC. 6. Provided always, and be it enacted. That nothing in
this act shall be taken or construed to preclude any debtor or
defendant from controverting the proof as aforesaid made legal
and admissible by this act, by any testimony which is legal and
admissible by the rules of the common law, nor shall this act
be construed or taken to prevent any creditor or plaintiff from
giving any evidence admissible by the rules of the common
law, in support of his claim, or pursuing any legal mode other
than is given by this act to prove and establish his claim or
demand.

In case of
suit, ac-
count may
be filed in
bar, &c.

SEC. 7. And be it enacted, That in case any suit shall here-
after be brought on any judgment, or on any bond, or other
writing sealed by the party, and the defendants shall have any
demand or claim against the plaintiff, upon judgment, bond, or
other instrument under seal, or upon note, agreement, assump-
sit, or account proved, as by this act is allowed the defendant,
or otherwise according to Jaw, shall be at liberty to file his
account in bar, or plead discount to the plaintiff's claim, and
judgment shall be given for the plaintiff for the sum only which
remains due after just discount made; provided the sum which
shall remain due after such discount be sufficient to support a
judgment in the court where the cause may be tried, according
to its established jurisdiction ; and in all cases of suits upon
simple contracts, the defendant may file an account in bar, or
plead discount of any claim he may have against the plaintiff,
proved as aforesaid, or otherwise proved according to law, which